- (1.) Substantial portion of premises No. 11B, Kalakar Street, Kolkata 700007 (hereafter the said premises) is presently occupied by the Posts & Telegraph Department of the Government of India. Kalakar Street Post Office is being operated from the said premises. In this petition, the petitioners have challenged Memo dated 6.8.2008 issued by the Senior Superintendent of Post Offices, North Kolkata Division, whereby they have been informed that monthly rent for the occupied portion in the said premises has been revised and fixed at Rs. 10,800.00 per month inclusive of municipal taxes w.e.f. 21/3/2002 to 31/12/2006 and at Rs. 12,800/- plus occupier's share of municipal taxes w.e.f. 1/1/2007 to 31/12/2011, subject to conditions mentioned therein.
(2.) It is undisputed that an area of 7936 sq.ft. (approx.) on the ground, mezzanine, first and second floors of the said premises was let out by the petitioner No.1 to the Posts and Telegraph Department at a monthly rent of Rs. 1 per sq. ft. for a period of 5 years un mutually agreed terms and conditions in September, 1963. I need not refer to the subsequent facts in great detail since the same are absolutely unnecessary for disposal of the present petition. Only the facts that are relevant may be noted. Since the department had not enhanced the rate of rent for quite sometime, a writ petition being W.P. No. 1800 of 2005 was filed before this Hon'ble Court claiming appropriate relief for proper fixation and/or enhancement of rent. On 16.11.2005, an order was passed by this Court disposing of the writ petition. By that order the concerned Hiring Committee was directed to take appropriate decision regarding enhancement of rent in respect of the portion of the said premises occupied by the department within four weeks . from date of receipt of relevant papers from the Senior Superintendent of Post Offices who, in terms of the said order, was under an obligation to forward the claim of the petitioners. It was further ordered that the Hiring Committee prior to deciding the claim of the petitioners would be under an obligation to grant opportunity of hearing.
(3.) The Hiring Committee met on 7.12.2005 at the chamber of the Senior Superintendent of Post Offices, North Kolkata Division. THE minutes of the meeting so held is extracted below: "THE said Hiring Committee granted suitable opportunity of hearing to the authorised representatives of the petitioner before deciding the claim of the said petitioner regarding enhancement of the rent in respect of the premises in question. In course of discussion in presence of the authorized representatives of the petitioner, the Hiring Committee on going through the relevant papers felt that to assess the actual valuation of the premises in question the following documents are needed which are still to be received from the petitioner : 1) Sanctioned plan. 2) Year of construction. 3) Land Cost Certificate from Govt, registered office or Land Acquisition Office. 4) Proforma report in the prescribed form which was earlier sent to the petitioner on 25.1.05. THE Hiring Committee requested the petitioner to submit the above documents at earliest possible time not later than 10 days so that the Hiring Committee may come to a conclusive decision regarding proper valuation rent to the said premises, without any further delay. During discussion the authorized representatives of the petitioner expressed their inability to submit those documents. But the Hiring Committee again requested to the said authorized representatives of the petitioner to ensure submission of those documents within the stipulated time as because the Hiring Committee felt that those documents are very much relevant to make proper valuation of the rent of the post office premises in question." The petitioners upon receipt of the minutes of the meeting of the Hiring Committee replied through their learned Advocate. By letter dated 14.12.2005, it was communicated as follows: "As to the requirements made in the minutes of the meeting held on 7th instant, my client's contention is that since the Dept. of Post & Telegraphs are in occupation of portions of the building since construction of the building for over 40 years and in view of my client's furnishing site plan of the first floor there is no scope for furnishing the sanctioned plan and particulars of year of construction. As regards Land Cost Certificate, my client is not in a position to obtain and furnish the same, I understand you have addressed a letter to that effect to the concerned authority. My client is pursuing with such authority but is not very optimistic. As regards report in the prescribed form, my client is not in a position to fill up and send the same at present. However, please note that my client is expecting rent @ Rs.50/- per sq. ft. in respect of the first floor occupation as substantiated in the annexures to the writ petition filed by my client and copy whereof has been served on you. Further enquiries on behalf of my client made at the Registrar of Assurance, Kolkata reveals that in case of registration of conveyance the said office is valuing properties on Kalakar Street@ Rs.30 lakhs per katha of land and Rs. 5,000/- per sq.ft. in respect of building. It is significant to note that at the last assessment made by the Hiring Committee pursuant to which agreement dated 1st October, 1999 was entered into in respect of the same premises, assessment was made without the documents, now sought for.";